What is a normal arrangement for a Trust agreement?

[tentosix]

My father (married to my stepmother 10 years) lives in the house owned by my SM. Her name only on the deeds. She has 2 adult independent sons.

SM is terminally ill and not expected to live beyond this year.

She has written a will leaving DDad the right to live in the home and for it to go to her sons on his death. DDad isn't happy with this as he feels he has supported her financially most of the marriage and built a huge extension which increased the value of the house. he feels he should be able to leave something to me and Dsis.

DSM won't budge on this so what are his options? He's clearly not going to put pressure on her as he loves her and is supporting her through this illness.

He would like my sister to move in following DSms death to give her the opportunity to save for a mortgage deposit, but the will states he can't have lodgers (I believe she was influenced in this by her DSs)

Where did your dad live before they were married? Is there a reason he doesn’t have his own property? If he has lived there for ten years , presumably rent free, and the only contribution he has made to the house is paying for the conservatory then he is ahead of the game IMO . I am assuming that the house predates him by a good margin , probably from her first marriage, so I can understand why she wants the children of that marriage to benefit.

@viques It's not a conservatory. He paid £100K to build a 2 storey extension, kitchen etc. This money was from the sale of his first house when he divorced my DM. He has also paid all the bills in the house (SM has never worked) for 10 years. The house was a divorce settlement from her first husband.

More fool him then in all honesty. Surely that £100,000 should go back to him though?

Sounds like he could contest the will

Sounds like a reasonable will which protects her two biological children.
Your father would have known about this for decades, the time to act/save for his family was long ago.

He may well have an equitable interest in the property. He should take legal advice.

Agree with Collaborate.

I would suggest that lodger doesn't necessarily mean his child?

I'm going to tell him to see a solicitor in the coming weeks and if she won't budge on the will, he will have no option but to challenge it. Seems a huge expense, but it looks like he has no other option.

@DDIJ

He needs to see a solicitor without delay and take evidence of his payment for the extension. If she changes the will she can always change it back again so he needs to get a charge on the register regardless of what she has in the will.

Is this a note attached to the deeds of the house? He has all the receipts for building work, and she has never worked so he has managed the money. He will see a solicitor. Maybe she would be prepared to put the deeds into percentages if he explains he will challenge the will anyway, and just waste money on expensive solicitors? He won't push it though and I am not getting involved as I don't get on with her.

Such a sensitive topic for the last months of someone's life. Too late now but if he has been doing all the funding and finances for ten years, maybe there would have been a better time to get his contribution recognise.

The trouble with contesting the will is that the costs incurred will run up alarmingly quickly. No point spending more than £100k (£50k each is entirely possible, the costs are in fact open ended).

I would expect reasonable lawyers to encourage the sons who inherit to offer a hood will payment. If they refuse, then the costs can easily outrun the potential benefits. Tricky.